Senate Bill sb0520c1

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    Florida Senate - 2002                            CS for SB 520

    By the Committee on Transportation; and Senators Brown-Waite,
    Burt, Geller and Dyer




    306-1340-02

  1                      A bill to be entitled

  2         An act relating to driver's licenses; amending

  3         s. 322.051, F.S.; revising application

  4         requirements for the issuance of an

  5         identification card; revising the expiration

  6         period for an identification card issued to a

  7         person who established his or her identity by

  8         using specified identification documents;

  9         amending s. 322.08, F.S.; revising application

10         requirements for the issuance of a driver's

11         license; amending s. 322.17, F.S.; revising

12         requirements relating to the issuance of a

13         duplicate driver's license; amending s. 322.18,

14         F.S.; revising the expiration period for a

15         driver's license issued to a person who

16         established his or her identity by using

17         specified identification documents; requiring a

18         person issued such a license to renew it in

19         person and submit certain identification

20         documents; amending s. 322.19, F.S.; revising

21         requirements relating to name and address

22         changes for driver's licenses; amending s.

23         322.212, F.S.; prohibiting a person from

24         knowingly selling, manufacturing, or

25         delivering, or offering to sell, manufacture,

26         or deliver, any blank, forged, stolen,

27         fictitious, counterfeit, or unlawfully issued

28         driver's license or identification card or any

29         instrument in the similitude of such license or

30         card; authorizing investigations of a violation

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    Florida Senate - 2002                            CS for SB 520
    306-1340-02




  1         of certain provisions; providing a penalty;

  2         providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Subsections (1) and (2) of section 322.051,

  7  Florida Statutes, are amended to read:

  8         322.051  Identification cards.--

  9         (1)  Any person who is 12 years of age or older, or any

10  person who has a disability, regardless of age, who applies

11  for a disabled parking permit under s. 320.0848, may be issued

12  an identification card by the department upon completion of an

13  application and payment of an application fee.

14         (a)  Each such application shall include the following

15  information regarding the applicant:

16         1.  Full name (first, middle or maiden, and last),

17  gender, social security card number, residence and mailing

18  address, country of birth, and a brief description.

19         2.  Proof of birth date satisfactory to the department.

20         3.  Proof of identity satisfactory to the department.

21  Such proof must include one of the following documents issued

22  to the applicant: unless

23         a.  A driver's license record or identification card

24  record from another jurisdiction that required the applicant

25  to submit a document for identification which is substantially

26  similar to a document required under sub-subparagraph b.,

27  sub-subparagraph c., sub-subparagraph d., sub-subparagraph e.,

28  or sub-subparagraph f.; has already been established:

29         b.  A certified copy of a United States birth

30  certificate;,

31         c.  A valid United States passport;,

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    Florida Senate - 2002                            CS for SB 520
    306-1340-02




  1         d.  An alien registration receipt card (green card);,

  2         e.  An employment authorization card issued by the

  3  United States Department of Justice;, or

  4         f.  Proof of nonimmigrant classification provided by

  5  the United States Department of Justice, for an original

  6  identification card.

  7         (b)  An application for an identification card must be

  8  signed and verified by the applicant in a format designated by

  9  the department before a person authorized to administer oaths.

10  The fee for an identification card is $3, including payment

11  for the color photograph or digital image of the applicant.

12         (c)  Each such applicant may include fingerprints and

13  any other unique biometric means of identity.

14         (2)(a)  Every identification card shall expire, unless

15  canceled earlier, on the fourth birthday of the applicant

16  following the date of original issue.  However, if an

17  individual is 60 years of age or older, and has an

18  identification card issued under this section, the card shall

19  not expire unless done so by cancellation by the department or

20  by the death of the cardholder.  Renewal of any identification

21  card shall be made for a term which shall expire on the fourth

22  birthday of the applicant following expiration of the

23  identification card renewed, unless surrendered earlier.  Any

24  application for renewal received later than 90 days after

25  expiration of the identification card shall be considered the

26  same as an application for an original identification card.

27  The renewal fee for an identification card shall be $3. The

28  department shall, at the end of 4 years and 6 months after the

29  issuance or renewal of an identification card, destroy any

30  record of the card if it has expired and has not been renewed,

31  unless the cardholder is 60 years of age or older.

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    Florida Senate - 2002                            CS for SB 520
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  1         (b)  Notwithstanding any other provision of this

  2  chapter, if an applicant establishes his or her identity for

  3  an identification card using a document authorized under

  4  sub-subparagraph (a)3.d., the identification card shall expire

  5  on the 4th birthday of the applicant following the date of

  6  original issue or upon first renewal or duplicate issued after

  7  implementation of this section. After an initial showing of

  8  such documentation, he or she is exempted from having to renew

  9  or obtain a duplicate in person.

10         (c)  Notwithstanding any other provisions of this

11  chapter, if an applicant establishes his or her identify for

12  an identification card using an identification document

13  authorized under sub-subparagraphs (a)3.e.-f., the

14  identification card shall expire 4 years after the date of

15  issuance or upon the expiration date cited on the United

16  States Department of Justice documents, whichever date first

17  occurs and may not be renewed or obtain a duplicate except in

18  person.

19         Section 2.  Subsection (2) of section 322.08, Florida

20  Statutes, is amended to read:

21         322.08  Application for license.--

22         (2)  Each such application shall include the following

23  information regarding the applicant:

24         (a)  Full name (first, middle or maiden, and last),

25  gender, social security card number, residence and mailing

26  address, country of birth, and a brief description.

27         (b)  Proof of birth date satisfactory to the

28  department.

29         (c)  Proof of identity satisfactory to the department.

30  Such proof must include one of the following documents issued

31  to the applicant: unless

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    Florida Senate - 2002                            CS for SB 520
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  1         1.  A driver's license record or identification card

  2  record from another jurisdiction that required the applicant

  3  to submit a document for identification which is substantially

  4  similar to a document required under subparagraph 2.,

  5  subparagraph 3., subparagraph 4., subparagraph 5., or

  6  subparagraph 6.; has already been established:

  7         2.  A certified copy of a United States birth

  8  certificate;,

  9         3.  A valid United States passport;,

10         4.  An alien registration receipt card (green card);,

11         5.  An employment authorization card issued by the

12  United States Department of Justice;, or

13         6.  Proof of nonimmigrant classification provided by

14  the United States Department of Justice, for an original

15  license.

16         (d)  Whether the applicant has previously been licensed

17  to drive, and, if so, when and by what state, and whether any

18  such license or driving privilege has ever been disqualified,

19  revoked, or suspended, or whether an application has ever been

20  refused, and, if so, the date of and reason for such

21  disqualification, suspension, revocation, or refusal.

22         (e)  Each such application may include fingerprints and

23  other unique biometric means of identity.

24         Section 3.  Subsection (3) is added to section 322.17,

25  Florida Statutes, to read:

26         322.17  Duplicate and replacement certificates.--

27         (3)  Notwithstanding any other provisions of this

28  chapter, if a licensee establishes his or her identity for a

29  driver's license using an identification document authorized

30  under s. 322.08(2)(c)5.-6., the licensee may not obtain a

31  duplicate or replacement instruction permit or driver's

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    Florida Senate - 2002                            CS for SB 520
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  1  license except in person and upon submission of an

  2  identification document authorized under s. 322.08(2)(c)5.-6.

  3         Section 4.  Subsections (2) and (4) of section 322.18,

  4  Florida Statutes, are amended to read:

  5         322.18  Original applications, licenses, and renewals;

  6  expiration of licenses; delinquent licenses.--

  7         (2)  Each applicant who is entitled to the issuance of

  8  a driver's license, as provided in this section, shall be

  9  issued a driver's license, as follows:

10         (a)  An applicant applying for an original issuance

11  shall be issued a driver's license which expires at midnight

12  on the licensee's birthday which next occurs on or after the

13  sixth anniversary of the date of issue.

14         (b)  An applicant applying for a renewal issuance or

15  renewal extension shall be issued a driver's license or

16  renewal extension sticker which expires at midnight on the

17  licensee's birthday which next occurs 4 years after the month

18  of expiration of the license being renewed, except that a

19  driver whose driving record reflects no convictions for the

20  preceding 3 years shall be issued a driver's license or

21  renewal extension sticker which expires at midnight on the

22  licensee's birthday which next occurs 6 years after the month

23  of expiration of the license being renewed.

24         (c)  Notwithstanding any other provision of this

25  chapter, if an applicant establishes his or her identity for a

26  driver's license using a document authorized under s.

27  322.08(2)(c)4., the driver's license shall expire in

28  accordance with paragraph (b). After an initial showing of

29  such documentation, he or she is exempted from having to renew

30  or obtain a duplicate in person.

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    Florida Senate - 2002                            CS for SB 520
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  1         (d)  Notwithstanding any other provision of this

  2  chapter, if applicant establishes his or her identity for a

  3  driver's license using a document authorized in s.

  4  322.08(2)(c)5. or s. 322.08(2)(c)6., the driver's license

  5  shall expire 4 years after the date of issuance or upon the

  6  expiration date cited on the United States Department of

  7  Justice documents, whichever date first occurs.

  8         (4)(a)  Except as otherwise provided in this chapter,

  9  all licenses shall be renewable every 4 years or 6 years,

10  depending upon the terms of issuance and shall be issued or

11  extended upon application, payment of the fees required by s.

12  322.21, and successful passage of any required examination,

13  unless the department has reason to believe that the licensee

14  is no longer qualified to receive a license.

15         (b)  Notwithstanding any other provision of this

16  chapter, if an applicant establishes his or her identity for a

17  driver's license using a document authorized under s.

18  322.08(2)(c)4., the license, upon an initial showing of such

19  documentation, is exempted from having to renew or obtain a

20  duplicate in person, unless the renewal or duplication

21  coincides with the periodic reexamination of a driver as

22  required pursuant to s. 322.121. 

23         (c)  Notwithstanding any other provision of this

24  chapter, if a licensee establishes his or her identity for a

25  driver's license using an identification document authorized

26  under s. 322.08(2)(c)5., or s. 322.08(2)(c)6., the licensee

27  may not renew the driver's license except in person and upon

28  submission of an identification document authorized under s.

29  322.08(2)(c)4.-6. A driver's license renewed under this

30  paragraph expires 4 years after the date of issuance or upon

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    Florida Senate - 2002                            CS for SB 520
    306-1340-02




  1  the expiration date cited on the United States Department of

  2  Justice documents, whichever date first occurs.

  3         Section 5.  Subsection (4) is added to section 322.19,

  4  Florida Statutes, to read:

  5         322.19  Change of address or name.--

  6         (4)  Notwithstanding any other provision of this

  7  chapter, if a licensee established his or her identity for a

  8  driver's license using an identification document authorized

  9  under s. 322.08(2)(c)5.-6., the licensee may not change his or

10  her name or address except in person and upon submission of an

11  identification document authorized under s. 322.08(2)(c)4.-6.

12         Section 6.  Subsections (1) and (6) of section 322.212,

13  Florida Statutes, are amended to read:

14         322.212  Unauthorized possession of, and other unlawful

15  acts in relation to, driver's license or identification

16  card.--

17         (1)  It is unlawful for any person to:

18         (a)  Knowingly to have in his or her possession or to

19  display any blank, forged, stolen, fictitious, counterfeit, or

20  unlawfully issued driver's license or identification card or

21  any instrument in the similitude of a driver's license or

22  identification card unless possession by such person has been

23  duly authorized by the department;

24         (b)  Knowingly to have in his or her possession any

25  instrument in the similitude of a driver's license issued by

26  the department or its duly authorized agents or those of any

27  state or jurisdiction issuing licenses recognized in this

28  state for the operation of a motor vehicle; or

29         (c)  Knowingly to have in his or her possession any

30  instrument in the similitude of an identification card issued

31  by the department or its duly authorized agents or those of

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    Florida Senate - 2002                            CS for SB 520
    306-1340-02




  1  any state or jurisdiction issuing identification cards

  2  recognized in this state for the purpose of indicating a

  3  person's true name and age; or.

  4         (d)  Knowingly sell, manufacture, or deliver, or

  5  knowingly offer to sell, manufacture, or deliver, a blank,

  6  forged, stolen, fictitious, counterfeit, or unlawfully issued

  7  driver's license or identification card, or an instrument in

  8  the similitude of a driver's license or identification card,

  9  unless that person is authorized to do so by the department. A

10  violation of this paragraph may be investigated by any law

11  enforcement agency, including the Division of Alcoholic

12  Beverages and Tobacco.

13

14  The term "driver's license" includes a driver's license issued

15  by the department or its agents or a driver's license issued

16  by any state or jurisdiction that issues licenses recognized

17  in this state for the operation of a motor vehicle. The term

18  "identification card" includes any identification card issued

19  by the department or its agents or any identification card

20  issued by any state or jurisdiction that issues identification

21  cards recognized in this state for the purpose of indicating a

22  person's true name and age. This subsection does not prohibit

23  a person from possessing or displaying another person's

24  driver's license or identification card for a lawful purpose.

25         (6)  Except as otherwise provided in this subsection,

26  any person who violates any of the provisions of this section

27  is guilty of a felony of the third degree, punishable as

28  provided in s. 775.082, s. 775.083, or s. 775.084.  However,

29  Any person who violates paragraph (5)(a) by giving a false age

30  in any application for a driver's license or identification

31  card or who violates paragraph (5)(b) by possessing a driver's

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    Florida Senate - 2002                            CS for SB 520
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  1  license, identification card, or any instrument in the

  2  similitude thereof, on which the date of birth has been

  3  altered is guilty of a misdemeanor of the second degree,

  4  punishable as provided in s. 775.082 or s. 775.083. Any person

  5  who violates paragraph (1)(d) commits a felony of the second

  6  degree, punishable as provided in s. 775.082, s. 775.083, or

  7  s. 775.084.

  8         Section 7.  This act shall take effect October 1, 2002.

  9

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                              SB 520

12

13  This CS provides that driver licenses issued to individuals
    who rely on an alien registration receipt card (green card) to
14  establish proof of identity shall expire in accordance with
    existing renewal periods.
15
    The CS provides that driver licenses issued to individuals who
16  rely on certain identification documents issued by the United
    States Department of Justice to establish proof of identity
17  shall expire 4 years from the date of issuance or upon the
    expiration date reflected on the appropriate Department of
18  Justice document, whichever occurs first. Applicable licensees
    may not renew except in person and upon submission of the
19  applicable identification documentation. The CS also conforms
    requirements for replacement or duplicate licenses, and name
20  and address changes.

21  The CS authorizes the Department of Highway Safety and Motor
    Vehicles to incorporate fingerprints and other unique
22  biometric means of identity into the application for driver
    licenses and identification cards.
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